All Forum Posts by: Fred Dray

@Erika Kettler writes:

Any time a tenant says the "M" word, we instantly go to the property with a remediation specialist to verify the claim. The tenant then refused to let us enter the property claiming she was going out of town, but after some discussion, she reluctantly let us in while she was not home. In the meantime, we received a letter from her attorney demanding one month's rent, early termination with no penalty, and her entire security deposit.

Erika you seem knowledgeable and likely know this, but next time make sure you post a 24-hour notice to inspect on tenants front door before going to the property.  Especially if you are taking a contractor who your are likely paying just to make the trip.  That way the tenant can not refuse entry.

It is amazing the lengths tenants will go to get out of paying a bill or to collect $$. 

@Andrew Syrios gives you great advice.  If this perspective tenant really wanted your unit, he would give you the hold deposit.  Until you receive that, you don't have a tenant.  Actually, we don't accept an application without the hold deposit.  Don't forget, many perspective tenants will tell you what they think you want to hear like "I'm staying 2-3 years."  So, don't get too sold on any applicant.  Keep showing this unit and let the current applicant know you are doing so.  His response will tell you if he is serious.

Why are you fearful?  In 22 years, never (besides 2 evictions) had a tenant not pay last month's rent.

I would ask for written documentation from her doctor stating that her rash is caused by mold.  If she supplies that then definitely let her go.  Bottom line is they want out, so why keep unhappy tenants in the unit.  Next it will be roaches and then who knows what.

On the other hand, I've had alot of experiences with mold in units.  It's usually pretty easy to find unless behind a wall or under flooring.  Often in areas near water...bathrooms or kitchen or water heater closet.  Mold that has been there awhile smells and discolors the surface.  If experts can't find mold, I would be suspicious. 

Without something from her doctor in writing and with your mold experts saying no mold, I think you have the upper hand.  Try to negotiate with the tenants.  If they want out that bad, then perhaps they will pay some type fee or agree to forfeit security deposit.    For longer term leases, it is a good idea to include some type of clause about leaving early.  We often get tenants who know moving in that their employer may require them to transfer to another city.  So, we ask for a fee equal to 30-days rent.  Fortunately for the tenant, their employer has always paid this fee.  good luck

Seems you have decided to show the unit no matter what.  We have a form that a tenant signs giving us permission to show the unit.  If they don't sign, we don't show.  Once the apartment is vacant and ready for occupancy, I would record a video tour.  That way if you encounter resistance in the future, you can show perspective tenants the video.  We have high demand for units as well.  I've found that when tenants want our units, the will wait 2-3 days until it is ready. 

You state:

The next go around I am adding verbiage in the lease to avoid this as much as possible.  I am considering posting a 24 and 48 hour notice for entry and threatening or executing my rights under RCW 59.18.150 (6) Washington State Residential Landlord-Tenant Act.

My advice since showing the unit is not lease, wait until it is.  Your verbage of "threatening or executing my rights" suggests your state of mind may be a bit frustrated/angry.  It's wise not to deal with tenants when one is upset even if you are in the right.  This tenant doesn't want to be bothered.  If they have been a good tenant, respect that.  With so much demand, your unit shouldn't sit vacant for a month.  Here is a possible compromise, will the tenant let you record a video now?   That way perspective tenants can get an idea of what the unit looks like.  

I've shown occupied units, mostly when they are not home, because the tenant trusted and wanted to help me.  I will say that often the perspective tenants spent as much time commenting on the existing tenant's furniture, photos or what ever as they did looking at the unit.  Some people are private and don't want others olgling things personal to them. 

Of course, I'm not losing money for each day your unit sits vacant, so easy for me to say...but I suggest you respect this tenant's wishes.  Good luck

@Nathan Gesner gives you very good advice.  As long as you documented damages with pix/video/writing then give basic information for charges.  The more detailed/information you give, the more ammo the tenant has if they choose to fight which it seems they will.

Keep your vendor receipts for all work done.  If excessive, have them include notes in their receipts.  Based on length of stay, don't forget to include painting/cleaning.

Don't allow tenants to be present for final inspection.  However offering a pre-move out inspection within two weeks of move out date is wise.  This way you could document things like holes in doors and have the tenant sign. 

Don't worry about "tenant insistence" as you have visual and written proof to the contrary.  Just be fair with what you withhold and look forward to a better experience with your next tenant.   good luck

Congrats on being so close to acquiring your first property.  I hope to purchase my first in the immediate future.  Can't comment on your first two questions, but will weigh in on the third.  Most important step is to screen perspective tenants and hopefully find someone with great credit, income and rental history.  As an apartment manager, the words I love to hear are I've been at my last unit for 12 years and hate to leave, but...   Once you find a tenant then show you appreciate them and care about your property.  I managed a 72 unit property in So Cal with a diverse mixture of tenants.  I made sure they always saw me picking up trash, cleaning things and inspecting the property.  I was always friendly to tenants and handled their maintenance issues promptly.  On the flip side, I was strict about enforcing rules and regulations and made that clear from the start.  So, most tenants felt appreciated and knew what I expected as far as living in an apartment community.  I feel this really helps me avoid nusiance issues.   Since you would be living close, I would stop by the property periodically to plant flowers, water plants, hang a bird feeder or add other small touches that make the property seem special.  Also, send thank you notes when rent is paid on time.  I suppose my motto would be treat tenants like you would want to be treated.  If they feel special most will go the extra mile to help take care of your property and be good tenants.  Above all, handle their maintenance needs promptly.  Hope this helps and best of luck being a landlord.

Open house is the way to go.  However, if you want to help ensure those that arrive for open house are viable prospects, you may want to send them a qualifications check list or have a link to one.

I would assume you would have e-mailed the applications for perspective tenants to fill out before arriving, so e-mail them a check list.  This contains all your qualifications, income = 3 x monthly rent, no evictions, no credit issues, no co-signers, no pets, no smoking or whatever your requirements are.   Have a "yes" box and "no" box after each qualification.  Also have instructions that say "Sorry, if you checked a "no" box, you do not qualifiy.  Also, a disclaimer "Qualification are applied equally to each applicant."

I get swamped with calls for my listings as well, so I understand your desire to limit showings.   While asking questions over the phone does eliminate some perspective tenants from viewing the unit, I've found that quite a few will lie (especially about credit), thinking they can use charm/pleading to convince me to make an exception for them. 

@Stacy Davis  I cut and paste the above and it wouldn't let me edit text.  So for (b) I would change to Arrest of tenant or tenant's guest(s) for....and leave the rest as is

Hope this helps...

Hi @Stacy Davis.  As far as drugs, I would deal with it in a non-curable breach of contract section such as:

Non-Curable Breach of Agreement: Any of the following events will be deemed a non-curable breach of this Lease; (a) Police raid upon your Premises; (b) Your arrest for possession/sale/storage of any narcotic/controlled substance/chemical or herbal contraband in or about the Premises; (c) Failure topermit Owner's entry to the Premises following receipt of adequate notice; (d) Failure to cooperate with Owner or any pest controller/fumigator/exterminator following receipt of notice of such services; (e) Defaults by you causing Owner to serve more than two notices to pay or quit, in any twelve (12) month period; (f) A misrepresentation on your Rental Application; (g) Delivery of any security door/gate key to anyone not party to this Lease.